Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Advice much appreciated here!

  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice much appreciated here!

    Good morning everyone.
    1. My Chapter 13 case has not been confirmed. The Trustee called a hearing yesterday with a judge over objections she had to my attorney's filing. He had my address wrong as well as head of household status. That is just the beginning. He had creditors listed that I paid off long ago.
    2. The deadline expired for claims. I had only three out of all my previous creditors: IRS, California Franchise Tax Board and a vendor. The total dollar amount is around $42,000. The vendor claim is $17,000.

    When we filed, my attorney told me my payment would be $400 per month. After the 341 hearing, he raised it to $685 per month. Then in July, he told me it would be $900. Now he is telling me my monthly payment is around $700. I told him in late July I wanted to voluntarily dismiss. He asked me to hang on until the claims came in.

    The district I live in, Eastern California, has the highest percentage of PRO SE filings anywhere in the system. After dealing with my attorney, I can see why!

    I believe I should have some hope this case will be confirmed before I pay another cent.

    Would you folks pay as I have been told, or would you quit this case and move on? Thanks!

  • #2
    Including old (unsecured) creditors really means nothing, and your address does not impact the case in a truly bad manner. Most attorneys go by whats in your credit report and the software simply includes everything in the report. I actually objected to a creditor from an account which was 20-years past due, which was not even mine, and the Judge "advised" me to just let it stay because it would be discharged and that would remove any question on whether it could ever be collected. I can't even address "head of household" status because it is irrelevant to a Chapter 13 (it's a tax status only).

    My math shows $700 X 60 (month plan) = $42,000. That makes you a 100% plan. If you're in a 100% plan, it's not going to matter if you refile, as you'll still be in a 100% plan.

    While ED California may have a high percentage of Pro Se filings, for Chapter 13 the number which get confirmed is typically less than 30% and virtually 0% of Pro Se Chapter 13 filings make it to discharge. There's probably a reason for the former and the latter.

    You'll need to gauge just what dismissing will bring. Imagine that you dismiss, and refile on your own, and then all your creditors file a claim. Now you just wasted money because you're back to $900/month or worse.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      Many thanks, Just Broke!
      You've given me more info in 1 paragraph than multiple meetings with my attorney.


      • #4
        It appears that your biggest creditor is the tax board and there will be no real way working around that issue. Is there a different outcome that you expected? What is the real problem with the attorney other than a couple of inconsequential errors? The Trustee will almost always object to a Chapter 13 confirmation. In my Chapter 13, they first objected over silly things that didn't even make any sense, and withdrew their objection prior to the confirmation hearing. Every Chapter 13 must go to a confirmation hearing.

        Your case actually reads to be simple. I don't know what specific issues you have with the attorney, or if there are some underlying issues in your Chapter 13.
        Last edited by justbroke; 09-08-2017, 12:45 PM.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          I agree with justbroke. Filing a new Chap 13 could be a big mistake as more creditors may file in the second case.

          It is not bad to include creditors in your petition who you no longer owe. Including them on the petition leaves no doubt that they cannot later assert a claim if they don't file a claim in your BK. If they did file a claim, you would have objected.

          It is very common for the plan payment to change before confirmation, especially if your DMI is sufficient to pay 100% of anticipated claims, but not all creditors file.

          The address error is unfortunate, but easily fixed. Take it as a lesson to always review everything before you sign it. You know the details of your case better than anyone else and are best able to spot those kind of errors.

          Keep in mind that if you were to dismiss your current case and refile, you would then have 2 bankruptcy on your record. Unless there is something we are missing, there doesn't seem to be any reason to do that. You may be unhappy with your attorney, but once your plan is confirmed, most of his work will be done unless you have significant changes to your financial situation during the plan.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


          • #6
            Good morning, everyone, and many thanks for your thoughtful answers.
            The picture has changed since I last visited here. I have asked my attorney to get this case confirmed. You folks are quite right about the error of starting everything over.
            This is a 100% repayment case, which raises some new questions:
            1. Is the trustee less concerned about "disposable income" in a 100% case?
            2. Is there a possibility this type of case could be paid off early?
            Many thanks again!


            • #7
              Originally posted by Eauchiche View Post
              1. Is the trustee less concerned about "disposable income" in a 100% case?
              The supermajority of cases and Trustee don't care about DMI in a 100% case. You are required to pay 100% and that must be done over the life of the Chapter 13. The caselaw is pretty solid on this.

              Originally posted by Eauchiche View Post
              2. Is there a possibility this type of case could be paid off early?
              A debtor can always payoff a case in advance if they can pay 100% of the allowed unsecured claims.

              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              I am not an attorney. Any advice provided is not legal advice.


              Unconfigured Ad Widget